Johnson v. Landess Institute LLC

Background

Scott Johnson filed this action against Landess Institute LLC and other defendants on November 18, 2020. Under the court's procedures, the parties' last day to conduct a joint site inspection was January 27, 2021. Johnson's last day to file a notice stating that mediation was needed was March 10, 2021.

Johnson did not file that notice and did not ask the court for relief from the March 10 deadline.

Order to Show Cause

The court invoked its inherent authority to dismiss a case to achieve the orderly and prompt handling of cases. It ordered Johnson to file a written response by July 26, 2021, explaining why the action should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). Failure to prosecute means failing to move a case forward.

The court also ordered Johnson to appear at a hearing on August 5, 2021, at 10:00 a.m. The court warned that if Johnson failed to file the written response by the deadline, it would dismiss the action with prejudice under Rule 41(b). The opinion does not state that the action was dismissed in this order.

Disposition

Judge Edward J. Davila issued an order to show cause rather than entering the threatened dismissal. The order required Johnson to respond and warned that the court would dismiss the action with prejudice if he did not do so.